PRETORIA, Gauteng — The African National Congress (ANC) has formally criticized suspended National Police Commissioner Fannie Masemola for his failure to challenge an allegedly unlawful directive issued by suspended Police Minister Senzo Mchunu. The directive, which ordered a freeze on Crime Intelligence appointments, has become the focal point of an ongoing parliamentary ad hoc committee inquiry into the South African Police Service (SAPS).
The Constitutional Duty to Resist
During a recent ad hoc committee meeting, the ANC argued that Masemola should have stood up to his superior. Addressing the situation, ANC Chief Whip Mdumiseni Ntuli explained the party’s nuanced position. He acknowledged the difficult position senior civil servants face when caught between their constitutional oath and their career livelihoods.
Ntuli noted that the ANC study group is sympathetic to the awkward reality where officials must choose between adhering to the Constitution and protecting their income and families. However, he emphasized that protecting one’s career does not justify acting outside the law. Citing Section 19(6) of the Constitution, Ntuli stressed that the National Commissioner is not permitted to carry out any instruction that is manifestly unlawful.
The ANC maintains that while Masemola’s decision to comply with Mchunu’s directive may have been an attempt to avoid a “career-limiting move,” it does not exonerate him from the committee’s factual findings. The party is pushing for this conclusion to be formally included in the ad hoc committee’s draft report.
Pushback from Civil Society
The ANC’s stance has drawn criticism from civil society organizations, including the Activists and Citizens Forum. These groups argue that the party is using the “duty to resist” principle selectively to shield Minister Mchunu while placing the sole burden of accountability on Masemola, especially following the withdrawal of criminal charges against the police chief.
Ntuli strongly rejected these accusations, calling them subjective and devoid of factual basis. He clarified that the ANC had already concluded that Mchunu’s instruction was unlawful and should never have been issued. Furthermore, Ntuli reminded critics that Parliament’s role is not to prosecute; that responsibility belongs to other arms of the state. He dismissed claims that the ANC is shielding the minister as a narrative driven by specific agendas rather than objective reality.
Withdrawal of Criminal Charges and SAPS Stability
In a related development, criminal charges linked to a R360-million SAPS tender against Masemola have been withdrawn. Ntuli expressed the ANC’s satisfaction with this outcome, framing it as a vital step in the broader battle against criminal networks. With the charges dropped, Masemola can now fully focus on his primary responsibility of fighting crime without the distraction of defending himself in court.
However, concerns regarding internal stability within the SAPS remain. Police unions have raised alarms about the weaponization of internal processes. Evidence from the ongoing Madlanga Commission of Inquiry has suggested that the charges against Masemola were pushed by the investigative directorate to force his removal.
Ntuli agreed with the unions’ concerns, pointing to the conduct of Advocate Johnson and the testimony of a Lieutenant General before the committee. These proceedings have seemingly confirmed fears that certain interventions within the security forces are driven by internal factional conflicts rather than objective law enforcement needs.
Next Steps for the Ad Hoc Committee
With Police Minister Senzo Mchunu currently on special leave and top leadership positions in Crime Intelligence frozen since 2024, the ad hoc committee is now focused on stabilizing the SAPS.
Ntuli confirmed that the committee is currently finalizing its findings based on the evidence presented by witnesses and the applicable legislation. Once the findings are concluded, the committee will move to the recommendations phase. This phase will include proposed sanctions for specific individuals, as well as recommendations for new legislation, policies, and regulations to prevent similar institutional crises in the future.
Despite multiple extensions, Ntuli expressed confidence that the committee will meet the final deadline granted by the Speaker of the National Assembly to deliver its comprehensive report.
